Energizer sparked controversy with its claim that AA MAX batteries are "up to 50% longer lasting than basic alkaline in demanding devices." This assertion led two Californians to purchase the batteries and subsequently file a lawsuit against Energizer. They alleged that the batteries failed to outlast competitors by 50%, including Duracell Coppertop batteries.
Central to the case was how reasonable consumers interpret such claims.
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ninth-circuit-considers-the-meaning-of-an-up-to-claim
Gonzalo Mon
gmon@kelleydrye.com
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